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therefore it had no basis w adjudicate the company's objection to vacation of the NUV 6 Clearly, <br />the Tatums have a substantial likelihood of prevailing on the merits of this issue. Such a victory <br />would render the hearing scheduled for April 25, 2001, entirely unnecessary. At the very least, <br />DM G`s support for the Tatums' position on standing and the absence of any pertinent fording in the <br />Boazd's order make the issue of Basin's standing to challenge vacatiott of the NUV sufficiently <br />"serious, substantial, difficult and doubtful" as to warrant a decision on the merits. Temporary relief <br />from the Boazd's order is certainly appropriate in these circumstances. <br />Even if the Court were to decide that Basin established administrative standing to contest <br />vacation of the N()V, the 1'atums would likely prevail un the issue whether DMCi had authority to <br />vacate the NUV in the first place. Tnherenlly, any agency entpowcrrd to issue enforcement action <br />also has the power, subject to administrative or judicial review, to vacate such action when it <br />determines that enforcement is no longer warranted. Moreover, in providing for limited <br />adruirtistrative review of any "modification, vacation, or termination" of enforcement action, the <br />Colorado Surface C'nal Mining and Reclamation Act contemplates that DMG will from lime to time <br />modify, vacate, or terminate previously issued enforcement action. Culu. Rev. Stat. § 34-33- <br />124(1)(a). The ststute simply makes no sense if, as the Board has held in this case, DM('r lacks tltc <br />authoriri to vacate its own enforcement action. <br />6 in Basin's brief in response lu the "1'aturtts application for temporary relief. counsel <br />for the cornpam• attempt the same trick in this Court. Basin reiterates the same allegations of harm <br />its cuunsal azgucd before the Boazd. It is telling that Basin cites to nnthinR in record that supports <br />tktcse allegations, which arc little short of preposterous in light of the Tatums' express disavowal of <br />any intention to reinvoke the administrative process except in aid of collecting any judgment they <br />may obtain in this Court. <br />15- <br />